CYBERLAW -EXISTING CYBER LEGAL ISSUES, REGIMES & CHALLENGES

CYBERLAW - EXISTING
CYBER LEGAL ISSUES,

REGIMES & CHALLENGES

A PRESENTATION
BY

PAVAN DUGGAL
ADVOCATE, SUPREME COURT

OF INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA

HEAD, PAVAN DUGGAL
ASSOCIATES

CYBERLAW – EXISTING CYBER
LEGAL ISSUES, REGIMES &
CHALLENGES

 Twitter posts land 2 Saudi men in prison-
sentenced for 10 and 8 years respectively

 Twitter posts expose adguru to 2 litigations
for crores of damages

 Different jurisdictions similar cyber legal
regimes

INTERNET OF THINGS AND
CYBERLAW- JAN 2014

CYBERLAW – EXISTING CYBER
LEGAL ISSUES, REGIMES &
CHALLENGES

 The world that we are currently living is a
different world altogether and it promises to
become even more different, difficult and
complex as days go by.

CYBERLAW – EXISTING CYBER
LEGAL ISSUES, REGIMES &
CHALLENGES

 Today in 2014, Internet is not only our lifeline but also the
foundation for large number of human activities and
endeavors.

 It is in ironic that founding fathers of the Internet had no
inkling that Internet could be used for various criminal
purposes or could have legal ramifications.

 However today, almost 2 decades after the advent of the
World Wide Web, Cyberlaw and cybercrime are important
subjects for consideration by all stakeholders in the digital
and mobile ecosystem.

9/11 & 26/11 ATTACKS

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copyright holders

NSA REVELATIONS

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copyright holders

NSA PROOF INTERNET

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copyright holders

CYBERLAW – EXISTING CYBER
LEGAL ISSUES, REGIMES &
CHALLENGES

 Today, world is concerned about the security
and sovereignty of its computer resources and
computer networks.

 Countries do not want powers outside the
territorial boundaries to listen to their
communications or access their data that is
running on their domestic networks

 it is only natural to expect countries start looking
in direction establishing country specific
internets.

IMPORTANT CASES

 Agricultural equipment manufacturing
company data theft case

 Offensive emails to company matter
 Phone defects blog case
 Twitter rumour defamation case

IMPORTANT CASES

 Twitter fake handles used against company case
 True Caller and CEO phone number compromise

case
 Calls for fake interviews on social media case
 Gurgaon call centre spy camera girl termination case

CYBER BULLYING GALORE

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copyright holders

VIRTUAL LOLITA & 103 INDIANS

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copyright holders

GURUJI.COM SEARCH ENGINE –
CRIMINAL ACTION

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copyright holders

NIRMALJIT SINGH NARULA
Vs. INDIJOBS AT

HUBPAGES.COM & ORS

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respective copyright holders

MUZAFFARNAGAR
COMMUNAL RIOTS

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copyright holders

BANGALORE CYBER WAR

Facebook and Twitter were used to
disseminate hateful content leading to the
Bangalore Cyber terror attacks

15TH AUGUST, 2012-
BANGALORE MASS

MIGRATIONS

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copyright holders

DECEMBER 2010

3rd December 2010- CBI official
website hacked by Pakistan Cyber Army
Lot of threatening language put up on
the hacked main page of CBI website
Case registered under Section 43 and
66 of the IT Act, 2000

DR. L. PRAKASH- INDIA’S FIRST
LIFE TIMER CYBER CRIMINAL

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copyright holders

RECENT HACKING

 EMAIL ACCOUNTS OF SENSITIVE
INSITTUTIONS AND DEPARTMENTS
OFFICIALS HACKED

 ACCOUNTS BELONGED TO
NATIONAL DEFENCE ACADEMY &
DRDO OFFICIALS

IMPORTANT CASES

 ARIF AZIM CASE
 BAAZEE.COM CASE

CYBERCRIME AS A SERVICE

DATA PROTECTION

 The issues relating to confidential
information and data of corporate and their
adequate protection have not been adequately
addressed.

 The said law is not a comprehensive law on
data protection or on digital secrets. Having a
couple of sections on Data protection does
not serve the requirements of corporate
India.

PRIVACY

 Further the concept of privacy in India needs to be
substantially enhanced strength and further developed. The
law passed has used very basic concepts of personal privacy.

 The needs to be further well developed to incorporate
therein issues pertaining to personal as well as data privacy.
Further the entire issue pertaining to privacy has not been
appropriately addressed; both data privacy and personal
privacy are issues that require adequate attention.

 The Department of Personnel & Training, Government of
India is coming up with a new legislation on data
protection. However, lots of work needs to be done in this
regard.

INTERMEDIARY

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copyright holders

INTERMEDIARY

"Intermediary" with respect to any particular electronic
records, means any person who on behalf of another
person receives, stores or transmits that record or provides
any service with respect to that record and includes
telecom service providers, network service providers,
internet service providers, web hosting service providers,
search engines, online payment sites, online-auction sites,
online market places and cyber cafes.

INTERMEDIARIES AND DUE
DILIGENCE UNDER THE IT ACT, 2000

 Intermediaries are required to do due
diligence under the terms of the amended
Information Technology Act, 2000.

 This due diligence must be done to ensure
compliance with the relevant parameters of
the amended Information Technology Act,
2000.

LIABILITIES OF INTERMEDIARIES AND
THE INDIAN CYBERLAW

 Liability of intermediaries has been specifically now provided
under Section 79 of the amended Information Technology Act,
2000.

 “Google v/s Vishakha” case before the Hon'ble Supreme
Court of India.

 The emphasis on exercise of due diligence by intermediaries is an
important aspect. However, enforceability and implementation
of the Information Technology Act, 2000 has always been a
challenge.

 Most of the companies in India comply with the
Information Technology Act, 2000 in breach rather than in
observance.

LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW

There could have exposure to legal consequences,
both civil and criminal, for the company and its top
management.

Civil liability-damages by way of compensation
upto 5o million INR per contravention

Criminal Consequences - The top management
could also be exposed to criminal consequences
ranging from imprisonment of 3 years to life
imprisonment and fine from 1 Lakh INR to 10
Lakhs INR.

LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW –
CRIMINAL CONSEQUENCES

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copyright holders

NEED FOR DUE
DILIGENCE

 Reasonable Prudence ensues compliance
with the requirements of law, that being
Indian Cyberlaws, IT Act, IT Rules,
notifications, bye-laws and circulars
made thereunder.

COMPLIANCES BY PAVAN
DUGGAL ASSOCIATES

 Pavan Duggal Associates -role in helping
companies ensure compliances with the
Indian Cyberlaw and rules thereunder.

 Pavan Duggal Associates assist all
intermediaries to ensure documented
due diligence under the Information
Technology Act, 2000.

PAVAN DUGGAL ASSOCIATES
COMPLIANCE FRAMEWORK – FOR
COMPLIANCE, EVALUATION AND

CERTIFICATION
 Asia Pacific Legal 500 says about Pavan Duggal

Associates

“Cyberlaw specialist Pavan Duggal Associates
Advocates is the first port of call for many in terms of
cases involving data theft, usually companies that have
experienced theft of confidential or commercially
sensitive information by former employees.”

“Pavan Duggal Associates Advocates provides niche
expertise in cyber law.”

Indian Cyberlaw has created the appropriate legal
framework for promoting e-commerce in the
country as was giving legality to electronic format.
The said lead framework has provided for various
enabling provisions that provide for electronic
authentication and cyber security related issues.

All legal entities have a duty to ensure that its
business operations needs to comply with the
parameters of Information Technology Act, 2000
as also rules and regulations made thereunder.

INTERNATIONAL CYBERLAW
ISSUES & CHALLENGES

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copyright holders

ONLINE MONITORING,
INTERCEPTION, BLOCKING &

SURVEILLANCE

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copyright holders

ONLINE MONITORING,
INTERCEPTION, BLOCKING &

SURVEILLANCE

 Issue of interplay between the online sovereignty of nations vis-à-
vis activities of monitoring, interception and surveillance in
cyberspace.

 Questions like where would the online sovereignty of nations
begin and end are important issues which require appropriate
consideration. The paramount issue is the surveillance. A society
where, not just the Government but also service providers and
intermediaries are in one way or the other carrying out various
surveillance activities.

 The governments of the world want to know what we are talking,
publishing, transmitting, generating, uploading, hosting on our
computer resources, computer networks or communication
devices.- Re Turkey new Internet law.

ONLINE MONITORING,
INTERCEPTION, BLOCKING &

SURVEILLANCE

 With Surveillance emerging as a popular undertaking
of the governments, it will be important to watch
how individual liberties, rights and obligations get
appropriately balanced when seen on the scale of
national sovereignty, integrity and security.

RIGHT TO BE FORGOTTEN

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copyright holders

CYBERCRIME

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copyright holders

MOBILE CRIME

 Cyber crime is increasingly jumping on to the mobile
bandwagon.

 The huge advent of malware and smart phones once
again puts into focus the entire issue of mobile crimes.

 As mobile crimes continue to grow, the relevant
stakeholders will increasingly call upon governments of
the world to effectively strengthen their cyber-legal
regimes to cover and regulate the newly emerging
mobile threats and mobile crimes.

CYBER SECURITY

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copyright holders

CYBER TERRORISM

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copyright holders

CYBER TERRORISM

 There is a huge possibility of cyber terrorism
and high profile attacks on Critical
Information Infrastructure and related
companies.

 The corporate focus on cyber security will
shift from the concern about the loss of
personally identifiable information to concern
about cyber vandalism, hacktivism and theft
of trade secrets.

PRIVACY

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copyright holders

DATA PRIVACY AND
CORPORATES- WAKE UP TIME

Data privacy concerns are already sky rocketing
that is why data privacy will continue to be an
important issue.

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copyright holders

BRING YOUR OWN DEVICE
(BYOD)

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BRING YOUR OWN DEVICE
(BYOD)

 The advent of Bring Your Own Device (BYOD)
has changed the landscape.

 However, the security, confidentiality and veracity
of data are important legal challenges that will have
to be appropriately addressed by cyber legal regimes
in order to enable large and mass scale adoption of
BYOD.